DECISION GRANTED THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES' AND POLK COUNTY, WISCONSIN'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL JULY 8, 2010.

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Full Text of Decision

DO

40528SERVICE
DATE – MARCH 4, 2010

DO

SURFACE TRANSPORTATION BOARD

DECISION

STB Docket No. AB-303 (Sub-No. 18X)

WISCONSIN CENTRAL LTD. – ABANDONMENT EXEMPTION –

IN POLK COUNTY,
WI

Decided:March 4,
2010

By
decision and notice of interim trail use or abandonment (NITU) served on
March 13, 1998, a 180-day period was authorized for the Wisconsin
Department of Natural Resources (WisDNR) to negotiate an interim trail use/rail
banking agreement with Wisconsin Central Ltd. (WCL) for a 15.25-mile line of
railroad known as the Dresser-Amery Line between milepost 47.83 in Dresser and
milepost 63.08 in Amery, Polk County, WI.Through a series of decisions, the negotiating period was extended
through January 30, 2006.

On
January 18, 2006, WisDNR[1]
and Polk County, WI (Petitioners) jointly filed a petition
for an extension of the negotiating period for 180 days.WCL filed a response agreeing to the
extension request.Petitioners stated
that WCL had sold the portion of the line between milepost 49.6 and
milepost 63.08 (presumably for use as a trail), but that the parties were still
negotiating on the portion between milepost 47.83 and milepost 49.6 (the
Segment), and more time was needed to finalize negotiations.Accordingly, the negotiating period for the
Segment was extended until July 29, 2006.The negotiating period for the Segment was further extended through
January 9, 2010, by a series of decisions, the most recent of which was served
on July 29, 2009.The most
recent decision directed the parties to explain why a trail use agreement on
the Segment has not been reached.

On
January 5, 2010, WDOT, on behalf of Petitioners, filed a petition for an
extension of the negotiating period for the Segment for 180 days.In a letter filed on January 25, 2010, WDOT explained
that the parties have not yet reached a trail use agreement for the Segment
because of the potential for a quarry being opened along the Segment.WDOT states that if the quarry does not
materialize as a rail customer, then WCL will continue negotiations with DNR
for the Segment, which the parties expect would result in successful banking of
the Segment.WCL has agreed to continue
trail use negotiations for the Segment.

Where,
as here, the carrier has not consummated the abandonment at the end of the
previously imposed negotiating period and has indicated its willingness to
continue negotiations, the Board retains jurisdiction and the NITU negotiating
period may be extended.[2]Under the circumstances, further extension of
the negotiating period is warranted.SeeBirt v. STB, 90 F.3d 580, 588-90 (D.C.
Cir. 1996); GrantwoodVillage v.
Missouri Pac. R.R. Co., 95 F.3d 654, 659 (8th Cir. 1996).Accordingly, the NITU negotiating period will
be extended for that portion of the line between milepost 47.83 and milepost
49.6 for a period of 180 days from January 9, 2010 (until July 8, 2010).

This action will not significantly
affect either the quality of the human environment or the conservation of
energy resources.

It
is ordered:

1.Petitioners’ request to extend the NITU
negotiating period is granted.

2.The NITU negotiating period is extended for that portion of the line
between milepost 47.83 and milepost 49.6 until July 8, 2010.